20202013 Ver 1_NOV-2022-PC-0079_20220309

DocuSign Envelope ID: 6F0D9BF9-217B-46CF-989B-E709FAD7AFEB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 9, 2022
CERTIFIED MAIL #7020 1290 0001 6718 4279
RETURN RECEIPT REQUESTED
Edens Lane, LLC
D. Isebell Logan - Agent:
60 Gregory Road, Suite 1
Belville, NC 28451
Email Delivery
Land Management Group
Kim Williams kwilliams@,lmgroup.net
Subject: NOTICE OF VIOLATION and Recommendation for Enforcement
NOV-2022-PC-0079
DWR Project No. 20202013
Bridgewater Landing Development, Edens Lane, Hampstead, NC 28443
Parcel ID No. 4214-14-4919-0000
Pender County
Dear Ms. Logan and Ms. Williams:
On February 22, 2022, Division of Water Resources (DWR) staff Holley Snider and John Perry conducted
a site inspection of the Bridgewater Landing Development site located off Edens Lane in Hampstead, NC.
During the inspection, DWR observed impacts to wetlands and streams from construction activities on the
subject site. Specifically, DWR observed five unauthorized road crossings installed with road fill and
corrugated plastic pipes, excavation of the streams and wetlands upstream and downstream of the crossings,
and the pipes installed above and below the original grade of the streams and wetlands. In addition, DWR
observed steep slopes along the roadside which has led to erosion and sedimentation to the streams and
wetlands.
The impacted streams are unnamed tributaries to Mullet Creek. The unnamed tributaries are classified as
C waters within the White Oak River Basin. The impacted wetlands are classified as WL waters within the
White Oak River Basin.
On December 1, 2021, DWR received an application for a 401 Water Quality Certification for the
Bridgewater Landing site and this application is currently incomplete, on hold, and an approval has not
been issued. In the application, Edens Lane LLC is listed as the owner of the subject site and Land
Management Group is listed as an authorized agent for Edens Lane, LLC.
As a result of the site inspection and file review, the following violations are noted:
1. The impacts to wetlands from placement earthen fill, pipe installation, excavation, and
sedimentation are violations of Wetland Standards. Wetland Standards are within the within
Title 15A of the NC Administrative Codes and include the following:
NORTH
oeperanent of Environmental Ouaiity
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

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Title 15A NCAC 02B .0231 (b) The water quality standards for all wetlands are designed to protect,
preserve, restore, and enhance the quality and uses of wetlands and other waters of the State influenced by
wetlands. The following are wetland uses:
(1) Storm and flood water storage and retention;
(2) Moderation of water level fluctuations;
(3) Hydrologic functions, including groundwater discharge that contributes to maintain dry
weather streamflow and, at other locations or times, groundwater recharge that replenishes the
groundwater system;
(4) Filtration or storage of sediments, nutrients, toxic substances, or other pollutants that would
otherwise have an adverse impact, as defined in 15A NCAC 02H .1002, on the quality of other
waters of the State;
(5) Shoreline protection against erosion through the dissipation of wave energy and water
velocity and stabilization of sediments;
(6) Habitat for the propagation of resident wetland -dependent aquatic organisms, including fish,
crustaceans, mollusks, insects, annelids, planktonic organisms, and the plants and animals upon
which these aquatic organisms feed and depend upon for their needs in all life stages; and
(7) Habitat for the propagation of resident wetland -dependent wildlife species, including
mammals, birds, reptiles, and amphibians for breeding, nesting, cover, travel corridors, and food.
Title 15A NCAC 02B .0231 (c) The following standards shall be used to assure the maintenance or
enhancement of the existing uses of wetlands identified in Paragraph (b) of this Rule:
(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause
adverse impacts on existing wetland uses;
(6) Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent detrimental impacts on:
(A) Water currents, erosion or sedimentation patterns;
(B) Natural water temperature variations;
(C) The chemical, nutrient, and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pH of the wetland; and
(F) Water levels or elevations
2. The impacts to streams from placement earthen fill, pipe installation, excavation, and
sedimentation are violations of Water Quality Standards (Stream Standards). Water Quality
Standards are within Title 15A of the NC Administrative Codes and include the following:
Title 15A NCAC 02B .0211 (1) Fresh Surface Water Quality Standards for Class C Waters states "The
best usage of waters shall be aquatic life propagation, survival, and maintenance of biological integrity
(including fishing and fish); wildlife; secondary contact recreation as defined in Rule .0202 of this Section;
agriculture; and any other usage except for primary contact recreation or as a source of water supply for
drinking, culinary, and food processing purposes. All freshwaters shall be classified to protect these uses at
a minimum."
Title 15A NCAC 02B .0211 (2) Fresh Surface Water Quality Standards for Class C Waters states "The
conditions of waters shall be such that waters are suitable for all best uses specified in this Rule. Sources
of water pollution that preclude any of these uses on either a short-term or long-term basis shall be deemed
to violate a water quality standard;"
3. Activities of unauthorized placement earthen fill material in wetlands or streams are violation(s)
of 15A NCAC 02H .0501 and .0502 which include the following:

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Title 15A NCAC 02H .0501 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into Waters of the United States
as described in 33 CFR Part 323. Title 15A NCAC 02H .0502 states any person desiring issuance of the
State certification or coverage under a general certification required by Section 401 of the Federal Water
Pollution Control Act shall file with the Director of the North Carolina Division of Water Resources.
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of this
Notice. You are encouraged to secure a consultant to assist you with your plan development, permit,
certification and authorization necessary to achieve compliance. Your response should be sent to this office
at the letterhead address and include the following:
1. Please explain how and why these impacts occurred.
2. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water
features (e.g. streams, wetlands) on the site. This documentation should describe and quantify the
impacts to those features.
3. Please submit the following documents for review and approval:
a. Permit Application: If the impacts are proposed for permitting, then a complete application for
a 401 Water Quality Certification is required by the Division of Water Resources. Note that
DWR review will be based on the requirements in 15A NCAC 02H .0506 which include
purpose and need, and avoidance and minimization for the impacts.
b. Some of the impacts may not be allowed for permitting and require restoration. Explain how
you plan to restore the pattern, profile and dimension of the impacted stream and wetland
features.
i. Please submit a Stream and Wetland Restoration Plan for review and approval to this
office. This plan should include details regarding the repair of the stream channel, bed
and bank. This plan should include the source of and type of native soils that will be
used to reconstruct the bank, slopes and adjacent wetlands. Numbers and types of
plantings, live stakes and reestablishment of wetland vegetation should also be detailed.
ii. A Sediment Removal Plan should also be provided to address impacts to the streams
and wetlands that must be removed. As a part of this plan, you should provide the
amount (depth) of material that has been deposited in the floodplain, stream and any
wetlands. This information should be depicted on a map you provide. It is
recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove
deposited sediment. The sediment should be removed and taken to high ground away
from waters and stabilized.
iii. It is also required that a monitoring plan be implemented to ensure success after
restoration is complete. The monitoring plan and duration can be up to 3 years or as
specified by DWR Wilmington Regional Office staff.
c. Please include in your response a detailed schedule with dates explaining when the restoration
will be accomplished; and, if you plan to seek a permit, when an application will be submitted.
Also include your plans to avoid further impacts on the site.
d. It is required that you contact the Division of Energy, Mineral, and Land Resources and the
U.S. Army Corps of Engineers to ensure that your restoration efforts are in compliance with
the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. You must

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also comply with any Local Government requirements and regulations regarding the activity
on the subject site.
e. Also, address the measures that will be used for temporary stabilization and sediment control
while this work is under way.
Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be abated
and properly resolved. This Office is considering a recommendation for civil penalty assessment to the
Director of the Division of Water Resources regarding the above -mentioned, ongoing, violations on the
subject site. This office requires that the violations, as detailed above, be abated immediately and properly
resolved.
Pursuant to G.S. 143-215.6A, the above -mentioned violations and any future violations are subject to
a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above -
mentioned response to this correspondence will be considered in any further process that may occur.
This Office appreciates your attention to this matter and efforts to resolve the above noted concerns. Should
you have any questions regarding these matters, please contact Holley Snider at [phone] or me at
[phone] .
Sincerely,
Docu Signed by:
rtLL% SalatA — iA.0
E3ABA14AC7DC434...
Morella Sanchez -King
Regional Operations Supervisor
Wilmington Regional Office
cc: 401 & Buffer Permitting Branch — Shelton Sullivan via email
Trentt James, Division of Energy, Mineral and Land Resources WIRO
Tom Charles, US Army Corps of Engineers, via email
Travis Henley, Pender County, via email